Amnesty for Alcohol and Other Drug Use: The welfare of students, staff, and faculty is of paramount importance. The Grinnell College community encourages the reporting of Prohibited Conduct. Sometimes, students are hesitant to report to College officials or offer assistance to other students because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. (For example, an underage student who has been drinking might hesitate to bring a Complainant to Campus Safety for reporting and/or assistance.) It is in the best interest of the Grinnell College community for individuals to report allegations of Prohibited Conduct to College officials.

Fear of punitive response from the college should not impede a student’s willingness to call for help in such situations. In cases of physical assault or sexual misconduct, the student coming forward with a complaint shall not face campus conduct charges related to alcohol or other drugs. When a student experiences a physical or psychological crisis while under the influence of alcohol or other drugs, neither the student in crisis nor the student(s) calling for help will be subject to punitive disciplinary action. Educational measures to prevent future incidents may still apply. Please be advised that criminal/civil processes function separately from campus procedures and may or may not affect each other. This amnesty policy applies only to campus conduct procedures.

Anonymous Reports: through a secure website, a person can submit anonymous reports related to any misconduct at the College. All reports of sexual misconduct are routed to the Title IX Coordinator. The College does not know the identity of the person reporting but has the ability to communicate with them through the website to offer resources and options. Anonymous Reporting is available on EthicsPoint.

Bargaining Unit: includes the employees of the Department of Facilities Management who are represented by Teamsters Local 90.

Campus No-Contact Order: cover all areas of campus with the expectation that intentional off-campus contact is also prohibited. A map of included areas can be accessed here. Copies of No-Contact Orders are housed within the Division of Student Affairs and with the Office of Campus Safety.

A No-Contact Order prohibits the issued party/ies from being in physical or verbal contact with another party/ies as follows:

In person

By phone (voice and text)

Via third party

Social media (Facebook, Twitter, Tumblr, Plans, or any other similar social media platform)

By e-mail or internet messaging services or any other internet-based communication

Notes, letters, or other written communication

Destruction or vandalism of the person’s property

Use of threats of physical violence both on and off campus

Other forms of contact as determined by the designated Senior Official

Additional requirements for proximity, duration, and other details of the Order are written into the outline of the Order at issuance.

Child: a child is defined by Iowa Code, section 232.68 as any person under the age of 18 years. The victim of child abuse is a person under the age of 18 who has suffered one or more of the categories of child abuse as defined in Iowa law (physical abuse, mental injury, sexual abuse, denial of critical care, child prostitution, presence of illegal drugs, manufacturing or possession of a dangerous substance).

College employees who, in the scope of their employment responsibilities, examine, attend, counsel, or treat a child are obligated to report suspected physical or sexual abuse of a child. This includes most College employees, including, but not limited to, faculty, coaches, student employees, administrators, and staff. Such College employees, regardless of statutorily-protected or -designated confidentiality, must report to both the Grinnell Police Department Dispatch Center (641-623-5679) and Campus Safety and Security (641-269-4600) within 24 hours of receiving a report of alleged child abuse. Both of these numbers are staffed 24 hours/7 days a week.

Coercion: is direct or implied threat of force, violence, danger, hardship, or retribution sufficient to persuade a reasonable person of ordinary susceptibility to perform an act which otherwise would not have been performed or acquiesce in an act to which one would not have submitted. Coercion can include unreasonable and sustained pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. A person’s words or conduct cannot amount to coercion unless they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. When someone makes it clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Consent: the Sexual Harassment and Misconduct Policy is based on affirmative consent. In the spring of 2012, the Grinnell College study body voted overwhelmingly to revise the Sexual Harassment and Misconduct policy to incorporate affirmative consent. Consent to engage in sexual activity must be given knowingly, voluntarily, and affirmatively. Consent to engage in sexual activity must exist from the beginning to end of each instance of the sexual activity, and for each form of sexual contact. Consent is demonstrated through mutually understandable words and/or clear, unambiguous actions that indicate a willingness to engage freely in sexual activity. Consent is active, not passive.

Each participant in a sexual encounter is expected to obtain and give consent to each act of sexual activity. Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.

Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.

If at any time it is reasonably apparent that either party is hesitant, confused or unsure, both parties should stop and obtain mutual verbal consent before continuing such activity.

Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by mutually understandable words and/or clear, unambiguous actions that indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.

Individuals with a previous or current intimate relationship do not automatically give initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly and unambiguously indicates a willingness to engage in sexual activity.

Consent is not affirmative if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise his/her/hir or own free will to choose whether or not to have sexual contact.

An individual who is physically incapacitated by alcohol and/or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware or otherwise physically helpless is considered unable to give consent. For example, one who is asleep or passed out cannot give consent.

In the State of Iowa, consent can never be given by minors under the age of 16. For those under the age of 16 the law has two distinctions: First, anybody 13 years of age or younger is considered to be a “child” under Iowa Code, section 702.5 and thus, incapable of consent. Second, for the ages of 14 and 15, the consenting partner must be less than 5 years of age apart from the teen.

De Novo Review: a type of appellate review that starts from the beginning, or looks at the case anew. The appeals officer will not conduct a de novo review. Instead, the appeals officer shall consider the merits of an appeal only on the basis of the two grounds for appeal: a.) new evidence that was not available at the time of the investigation/adjudication meeting, and/or b.) procedural error that had a material impact on the outcome of the case.

Discrimination: denigrates or shows hostility or aversion toward an individual because of their race, color, ethnicity, national origin, age, sex, gender, sexual orientation, gender identity or expression, marital status, veteran status, pregnancy, childbirth, religion, disability, creed or any other protected class. Discrimination has the purpose or effect of creating an intimidating, hostile, or offensive work environment, or living environment, or studying environment.

Educational Outcomes: rather than using the term “sanctions,” educational outcomes are used by College to reflect the educational and corrective aspirations of the student conduct process. The educational outcomes are set forth in the Community Standards and Responsibilities Section of the Student Handbook. The Dean of Students (or designee) is not bound by the recommendations of an external adjudicator and has the final authority to impose appropriate educational outcomes. A violation of the policy may result in suspension or dismissal. Educational outcomes may range from written warning to permanent separation (i.e., dismissal) from the College. They may also include educational, remedial, and/or corrective actions as warranted such as: restitution fines, deferred finding of responsibility, conduct warning, conduct probation, behavioral expectations (including a campus no-contact order), parental and guardian notification, College-owned residence suspension, College-owned residence dismissal, suspension, or dismissal from the College, withholding of registration or degree, or rehabilitative measures. In general:

Any student who is determined to have engaged in Non-consensual Sexual Intercourse may receive educational outcomes ranging from suspension to dismissal.

Any student who is determined to have engaged in Non-consensual Sexual Contact (where no intercourse has occurred) may receive educational outcomes ranging from conduct warning to dismissal.

Any student who is determined to have engaged in any other prohibited form of conduct may receive educational outcomes ranging from conduct warning to dismissal.

The Dean of Students (or designee) reserves the right to broaden or lessen any range of recommended educational outcomes in the case of serious mitigating circumstances, contextual or historical aggravating circumstances, or egregiously offensive behavior. Neither the adjudicator, Dean of Students (or designee), nor any appeals officer will deviate from the range of recommended outcomes unless compelling justification exists to do so. Educational outcomes may be issued individually, or a combination of outcomes may be imposed. The determination of educational outcomes is based on a number of factors, including but not limited to: the severity of the incident; the impact on the Complainant; any ongoing risk to either the Complainant or the community posed by Respondent; the impact of the violation on the community, its members, or its property; any previous conduct violations; and any mitigating or aggravating circumstances.

the right to inspect and review education records maintained by the College;

the right to seek to amend education records; and

the right to have control over the disclosure of information from education records.

Force: is the use or threat of physical violence or intimidation to overcome an individual’s freedom to choose whether or not to participate in sexual activity.

Gender-Based Harassment: includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature when one of the following conditions is present: submission to or rejection of such conduct is an explicit or implicit condition of an individual’s employment, evaluation of academic work, or participation in social, co- or extra-curricular activities (quid pro quo); or submission to or rejection of such conduct is used as the basis for decisions affecting that individual (quid pro quo); or such conduct is sufficiently severe, persistent or pervasive that it unreasonably interferes with an individual’s work or academic performance by creating an intimidating, hostile, or offensive working, academic, or social environment under both an objective and subjective standard (hostile environment).

Hate Crime: a criminal act that is committed against a person, group, or property thereof because of such person’s (or group’s) identifying or perceived race, color, religion, ancestry, national origin, disability, gender, gender identity or expression, and/or sexual orientation.

Incapacitation: An individual who is incapacitated cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent, because an individual is mentally and/or physically helpless, asleep unconscious, or unaware that the sexual activity is occurring. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity.

Incapacitation may also result from ingestion of a “date-rape”, “predatory” drug, and alcohol. Possession, use, and/or distribution of drugs, including Rohypnol, Zolpidem, Ketamine, GHB, Burundanga, etc., is prohibited, and administering one of these drugs, including alcohol, to another person for the purpose of inducing incapacity is prohibited under College policy and state criminal statutes.

Where alcohol and/or other drugs (including prescription drugs) are involved, incapacitation is a state beyond drunkenness or intoxication. A person is not incapacitated merely because they have consumed alcohol or other drugs. The impact of alcohol and other drugs varies from person to person. Although every individual may manifest signs of incapacitation differently, typical signs that a person may be approaching incapacitation may include slurred or incomprehensible speech, vomiting, unsteady gait (i.e., a manner of walking, stepping, or running), incontinence, odor of alcohol or other substance, combativeness, and/or emotional volatility. See Amnesty.

Informal Resolution: is the term used to capture a variety of alternative actions that may be taken by the College to eliminate Prohibited Conduct, prevent its recurrence and address its effects. Informal Resolution does not involve conduct (corrective) action against a Respondent. Where the Title IX Coordinator concludes that Informal Resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational, extracurricular, employment and other activities at the College and to eliminate any hostile environment. There is no burden on the Complainant to affirmatively seek one form of resolution over another; to the contrary, it is always the College’s burden to determine the appropriate course of action in light of the known facts and circumstances. However, participation in Informal Resolution by a Complainant is voluntary, and a Complainant can request to end Informal Resolution and pursue an investigation or conduct (corrective) action at any time. In some instances, an Informal Resolution, by agreement of the Complainant, the Respondent, and the College is meant to be a final resolution.

Informal Resolution is typically used when a Complainant requests anonymity, does not consent to participate in an investigation, or the alleged conduct, even if it does not rise to the level of a policy violation, suggests the need for remedial, educational or preventive action. Depending on the form of Informal Resolution used, it may be possible for a Complainant to maintain anonymity.

The form of Informal Resolution may vary from case to case, and may include the following: (a) direct approach, (b) third-party mediation, or (c) indirect action taken by the Senior Official. Other potential remedies include targeted or broad-based educational programming or training.

The Direct Approach by Complainant and Third-Party Mediation methods are not available in cases involving sexual assault, and a Complainant will never be required to participate in mediation or engage in direct confrontation or contact with a Respondent.

Direct Approach by Complainant: After a discussion with the Title IX Coordinator, Senior Official or other official designated by the College, a Complainant who feels comfortable contacting the Respondent may but is never required to, do so. The direct approach might include the Complainant writing a letter to the Respondent asking him/her/hir to change his/her/hir behavior. Another option might be telling the Respondent in person exactly what behavior is offensive and asking the Respondent to stop the behavior.

Third Party Mediation: The Senior Official or another trained and experienced individual designated by the College may mediate between the Complainant and the Respondent, or informally bring the parties together to address the conduct. This type of intervention may result in an agreement between the parties, no-contact between the parties, referral for either or both parties to counseling programs, an agreement for corrective action, targeted training or educational programs, or the implementation of remedies for the Complainant. Where the College resolves the matter by third-party intervention, the Senior Official will conduct periodic review and individually follow-up with the parties to assure that the resolution has been implemented effectively.

Indirect Action Taken by the Senior Official: The Complainant may choose an indirect approach. This approach is intended to alter and stop the Respondent’s behavior without requiring the Complainant to participate in the resolution. The Complainant can request Indirect Action through the appropriate Senior Official. Indirect Action may include intervention with the Respondent without identifying the Complainant; implementing targeted or broad-based training or educational programs designed to address the conduct at issue; revising or publicizing College policies or procedures; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; conducting climate assessments or surveys to evaluate similar concerns; and similar measures meant to eliminate the conduct, prevent its recurrence and address its effects.

Protective and Remedial Measures: Upon receipt of a report of Prohibited Conduct, the College may impose reasonable and appropriate interim protective measures designed to eliminate the reported hostile environment and protect the parties involved. Interim measures may be both remedial (designed to address the Complainant’s well-being and continued access to educational and employment opportunities) or protective (involving action again a Respondent). Remedial measures are available regardless of whether the Complainant chooses to pursue any action under this policy. Remedial measures are also available for the Respondent and witnesses. The Title IX Coordinator will maintain the privacy of all parties regarding interim measures provided under this policy to the extent possible. The College will maintain consistent contact with the parties to ensure that all safety and emotional and physical well-being concerns are being addressed.

Protective and remedial measures may be requested through the Title IX Coordinator, Deputy Title IX Coordinator for Case Management or any Senior Official, including the Dean of Students, the Dean of the College, or Assistant Vice President of Human Resources. A Complainant or Respondent may request separation or other protection, or the College may choose to impose interim protective measures at its discretion to ensure the safety of all parties, the broader College community, and/or the integrity of the process.

All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by an interim protective measure. The College will take immediate and responsive action to enforce a previously implemented measure.

Reasonably available protective and remedial measures will be implemented at the discretion of the Title IX Coordinator. Potential measures that may be applied to the Complainant(s), Respondent(s), and witnesses include:

Protective Measures

Facilitating a meeting with law enforcement to discuss safety planning and law enforcement options

Limiting an individual or organization’s access to certain College facilities or activities pending resolution of the matter

An interim restriction on residence hall access pending the outcome of a conduct proceeding

An interim suspension, ban, or paid/unpaid leave pending the outcome of a conduct proceeding

Prohibition from participating in student activities or representing the College in any capacity such as playing on an official team; serving in student government; performing in an official band, ensemble, or production; or participating in a recognized student organization

• Any other protective measure that can be used to achieve the goals of this policy

Remedial Measures

Coordinating access to medical and counseling services and assistance in setting up initial appointment, both on and off campus

Assistance in obtaining a sexual assault forensic examination

Coordinating rescheduling of exams and assignments

Coordinating alternative course completion options

Coordinating a change in class schedule or transferring sections, including the ability to drop a course without penalty

Any other remedy which can be tailored to the involved individuals to achieve the goals of this policy

Intimate partner violence, also referred to as relationship abuse, dating violence, domestic violence: includes any act of violence or threatened act of violence against a person who is or has been involved in a sexual, dating, domestic, or other intimate relationship by the other person in the relationship. It may involve one act or an ongoing pattern of behavior. Intimate partner violence, may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner, and/or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities and expressions, sexual orientation, and racial, ethnic, social, and economic backgrounds. Intimate partner violence can encompass a broad range of behavior, including, but not limited to:

Physical violence,

Sexual violence,

Emotional violence,

Economic abuse,

Threats,

Assault,

Harm to others,

Property damage,

Violence or threat of violence to one’s self,

One’s sexual or romantic partner,

And/or to the family members or friends of the sexual or romantic partner.

Privacy: information related to a report of alleged misconduct will be shared only with those College employees who “need to know” in order to assist the complainant(s) and/or aid in the investigation or resolution of the complaint.

Prohibited Conduct: the College prohibits all forms of sexual and gender-based harassment, sexual misconduct, intimate partner violence and other forms of interpersonal violence. These are umbrella terms which encompass a broad range of behavior. Grinnell College community members are fully supported in using the words that they feel express and/or represent their experience - including words like rape, abuse, attack, or fondling - even when the College policy uses these other, more overarching terms when adjudicating and classifying allegations. Within these broad categories, the College specifically prohibits sexual or gender-based harassment, sexual assault, sexual exploitation, intimate partner violence/relationship abuse, stalking, and retaliation. Examples of Prohibited Conduct can be found on the College’s Sexual Respect website. An individual who is uncertain about whether their experience meets one of the definitions below should consult with the Title IX Coordinator. In all instances, the College encourages reporting of conduct that is unwelcome or harassing, regardless of whether it appears to meet one of the stated definitions below. The Title IX Coordinator can assist an individual in identifying available courses of action based on the conduct at issue.

Report: information provided to the College that an alleged incident of sexual harassment or misconduct has occurred, regardless of whether individuals have been identified.

Retaliation: means any adverse action taken against a person for making a good faith report of Prohibited Conduct or participating in any proceeding under this policy. Retaliation includes threatening, intimidating, harassing, coercing, deliberately making false statements to intimidate or threaten or cause harm or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of Prohibited Conduct. Retaliation can be committed by any individual or group of individuals, not just by a Respondent or Complainant. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct.

Senior Official: Generally speaking, the initial assessment and subsequent grievance procedures against a Respondent are overseen by an administrator designated as the Senior Official:

For reports against a student, the Senior Official is the Dean of Students.

For reports against a staff member, the Senior Official is the Assistant Vice President of Human Resources.

For reports against a faculty member, the Senior Official is the Dean of the College.

Sexual Assault: having or attempting to have sexual intercourse or sexual contact with another individual without consent. This includes sexual intercourse or sexual contact achieved by the use or threat of force or coercion, where an individual does not consent to the sexual act, or where an individual is incapacitated. Sexual assault includes the following acts:

Non-Consensual Sexual Intercourse: Having or attempting to have sexual intercourse with another individual without consent. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact.

Non-Consensual Sexual Contact: Having or attempting to have sexual contact with another individual without consent. Sexual contact includes kissing, touching the intimate parts of another, causing the other to touch one's intimate parts or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, mouth or any other part of the body that is touched in a sexual manner. Non-consensual Sexual Contact can occur whether individuals are clothed or unclothed.

Sexual Exploitation: is knowingly committing non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose. Examples include, but are not limited to:

Observing, recording or photographing another individual’s nudity or sexual activity or allowing another to observe, record or photograph consensual sexual activity without the knowledge and consent of all parties involved in a place where the individual would have a reasonable expectation of privacy;

Streaming or distribution of private images, photography, video or audio recording of sexual activity or nudity without the knowledge and consent of all parties involved;

Prostituting another individual;

Exposing one’s genitals in non-consensual circumstances;

Exposing another individual to a sexually transmitted infection or virus without his/her/hir knowledge; and

Knowingly exposing another individual to a sexually transmitted disease or virus without his/her/hir knowledge; and/or

Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

Sexual Harassment: unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

Sexual Violence: any physical sexual act perpetrated against a person’s will or where the person is incapable of giving consent due to that person’s use of drugs or alcohol. Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, and sexual coercion.

Stalking: is a course (more than once) of unwelcome conduct directed toward another person that could be reasonably regarded as likely to alarm, harass, and/or cause reasonable fear of harm or injury to that person, or to a third party, such as a roommate or friend. The feared harm or injury may be physical, emotional, or psychological, to the personal safety, property, education, or employment of that individual. Stalking includes 16 the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used. Stalking can look like:

Unwelcome and repeated visual or physical proximity to a person;

Repeated oral or written threats;

Extortion of money or valuables;

Implicitly threatening physical conduct or any combination of these behaviors directed toward an individual person.

Support Person: Complainants and Respondents have the opportunity to consult with and be accompanied by the support person (adviser) of their choice to any related meeting or proceeding under these procedures. The support person (adviser) may be any individual, including an attorney, who is not a witness or otherwise involved in the procedures under this policy. The support person (adviser) is a nonparticipating supporter at any meeting or hearing under this policy and procedures. The support person (adviser) may advise the Complainant or Respondent on the procedural or any other aspects of the matter or assist with the party’s review of documents and appeal process in a manner consistent with this policy. The support person (adviser) may not contact the other party or contact potential witnesses without express authority from the Title IX Coordinator or designee. A party may change their support person (adviser) at any point during the process. The College reserves the right to dismiss a support person (adviser) who is disruptive to College proceedings or does not abide by the restrictions set forth in this policy.

Timely Notice: for the purposes of this policy, "timely notice" generally means within 72 hours after an incident has been brought to the attention of a "campus security authority" as defined in the Clery Act.

Title VII: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin.

Title IX: Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. Title IX states that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX Deputies: Title IX Deputy Coordinators who can also offer assistance in the areas of conduct process, prevention, athletics, confidential response and support, and case management are available in the following offices: